Thursday, June 30, 2011

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gdilla

07-27 02:59 PM

Why would you even consider this at this point. After 8/17, everyone will be U, so who knows when you get to even file if you wait. You want to tack on 6months to your wait (and thats being generous), and them pay more money?

I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.

My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.

Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:

1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?

2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?

I believe you know that re-entry permit is required only beyond 1 year.

I will say, don't wait. Have some documentation ready regarding your "emergency need" to be out of USA. Also have some documentation to prove your intention to permanently reside in US.

In case the officer asks some question. Just be prepared to answer, and clarify that you have proper intention to continue residing permanently in US.

Sir,

I got my green card on Feb'2008 and had to make emergency travel to my country Mexico to be with my family on August'2008. Now, I would like to come back after 10 months of stay in Mexico. The problem is that I do not have any permanent residence/car/Electricity bill to prove my permanent residency status except VOIP phone and paid my tax for the last 6 years promptly. Is it possible for me to make it to USA? or Should I wait for 2 more moths and file for Visa reentry permit in local embassy and come there if I get one?

To my knowledge H1B extension is just like a new H1B application ofcourse 6 years window will be couted here and you have spent just 3 years. To me you can file H1B extension with multiple companies. But its better to file it with original company to be on safe side, onece the extension approval come ytou can trasfer it whereever you want.

One of my H1B friends went to Frankfurt for some work and expired US visa...The Germans gave him visa because the client is a very large bank in Germany.. I remember that to get the H1B restamped he went to Delhi after he was done in Frankfurt...

If your client in France is big enough and gives you a letter....most likely French would give you visa....They would ask for detailed itenerary...

Is there a rule that the 180 days started over again after porting, since it's a new 140, which implys the applicant intends to work for the 140 position for a period of time.

There is no rule that makes the "180 days" clock to restart.

What are the risks if the applicant changes the job right after eb2 140 gets approved, and changed the underlining 140 of the pending 485 from eb3 to the newly approved eb2.

There are no risks as long as your eb2 140 is approved, you have crossed 180 days count. Additionally, AFTER you have received a confirmation from USCIS that your eb3 to eb2 porting is successful and the new approved 140 is the underlying petition to support your 485

1 &2 Yes you can, And your status will be EAD/adjustment of status. IO can doubt about your intention is to do business or continue work

3) This is the best strategy and I have done that.

4) Pray to god !. Hopefully it shoudl be current in next 6 months

( May be in IV we can request a separate page for the intiatives/ventures by the immigrant community. The current Ads/Merchantise is for MNCs who can pay big money and it may not be affordable for the new ventures/start ups )

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meetpravee

03-31 11:50 PM

Thanks wandmaker.. Could you please point me to the link/any information related to the documents my parents need if I am inviting them. Any information on things they need for visa interview is much appreciated.

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little_willy

12-26 10:28 PM

Best thing would be to get there and explain your situation to the visa officers or front desk staff. Explain them you made a honest mistake and see if your appt can still be accomodated. Try to convince them somehow, tell about your travel plans, say job is in line if you don't get back in time etc and hope they honor your request. Anyway, Good Luck.

bombaysardar

07-24 08:48 PM

i transferred from one dept to another. the next dept filed for a H1B amend after 4 months. The lawyers filled in my G325 with the earlier, start date (and not the later filing date).

Am I in trouble?

Dhundhun

06-11 12:55 PM

... But the consulting firm advised against it as according to them if she re-enters in H4 (even before Oct 1) while her H1 approval is pending, her H1 application will be cancelled and she has to restart the process all over again. Something to do with the last status on re-entry.

I think this issue used to be there. Why do you think otherwise? COS is not computerized to happen on Oct 1. It is manual process, while approving H1B, it is done. When someone enters after that on H4, then that COS is overwritten.